BILL NUMBER: SB 558	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Baca

                        FEBRUARY 19, 1999

   An act to add Section 31720.6 to the Government Code, relating to
county employee retirement benefits.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 558, as introduced, Baca.  County employee retirement benefits.

   The County Employees Retirement Law of 1937 provides that the
development of heart trouble by specified safety members shall be
presumed to arise out of and in the course of employment.
   This bill would prescribe a similar presumption in the case of the
development of cancer.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 31720.6 is added to the Government Code, to
read:
   31720.6.  (a) If a safety member, a fireman member, or a member in
active law enforcement who has completed five years or more of
service under a pension system established pursuant to Chapter 4
(commencing with Section 31900) or under a pension system established
pursuant to Chapter 5 (commencing with Section 32200) or both or
under this retirement system or under the Public Employees'
Retirement System or under a retirement system established under this
chapter in another county, and develops cancer, the cancer so
developing or manifesting itself in those cases shall be presumed to
arise out of and in the course of employment.  The cancer so
developing or manifesting itself in those cases shall in no case be
attributed to any disease existing prior to that development or
manifestation.
   (b) Notwithstanding the existence of nonindustrial predisposing or
contributing factors, any member permanently incapacitated for the
performance of duty as a result of cancer shall receive a
service-connected disability retirement if the member demonstrates
both of the following:
   (1) Exposure to a known carcinogen as a direct result of
performance of job duties and not solely as a result of work
environment.
   (2) A reasonable link between the disabling cancer and the known
carcinogen to which the member was exposed.  "Known carcinogen" for
purposes of this section means those carcinogenic agents recognized
by the International Agency for Research on Cancer, or its director.

   (c) "Fireman member," for purposes of this section, includes a
member engaged in active fire suppression who is not classified as a
safety member.
   (d) "Member in active law enforcement," for purposes of this
section, includes a member engaged in active law enforcement who is
not classified as a safety member.